APHC010232432026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3649/2026 Between: 1. ABDUL KASIM KHAN ALIAS KASIM KHAN ALIAS KASIM, S/O. LATE AZIM KHAN, AGED ABOUT 26 YEARS, R/O. PAIK SAHI, JAYANAGAR, JEYPORE CITY, KORAPUT DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. AT AMARAVATI ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the Petitioner/Accused No.9 on bail pending disposal of Crime No.57/2025 of Gajuwaka P.S., Visakhapatnam District Counsel for the Petitioner/accused: 1. KOLLI USHA KIRANMAYEE Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3649 OF 2026 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/Accused No.9, seeking regular bail, in Crime No.57 of 2025 on the file of Gajuwaka Police Station, Visakhapatnam District, registered for the offences punishable under Sections 20 (b) (ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 11.02.2025, on receipt of credible information regarding the illegal possession and transportation of ganja, the Sub-Inspector of Police, Gajuwaka Police Station, along with his staff, secured the presence of mediators and obtained a search warrant, and reached D.No. 24-9-1/3, behind More Super Market, VUDA Colony, Kanithi Road, Gajuwaka, Visakhapatnam. The police found that the said house is a three-storied building, and upon entering the said building, they found one house on the ground floor. The police knocked on the door of the ground floor house, and soon after, one male person opened the door. The police then found eight male persons inside the house. Upon verification, they found six cardboard boxes in the bedroom. The six cardboard boxes contained 90 packets of ganja. During the interrogation, the Sub-Inspector of Police seized 4 packets from the vehicle KIA Seltos, grey colour, bearing registration No. OD 10 U 7595. The Investigating Officer seized a total of 94 packets of ganja, weighing 3 184.00 kgs, under the cover of a mediators' report, and the accused were arrested. 3. Heard Sri G.Maheswara Rao, learned counsel representing Ms. Kolli Usha Kiranmayee, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State. 4. Learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. A Coordinate Bench of this Court granted bail to Accused Nos.4 and 8 vide order dated 11.08.2025 in Crl.P.No.7333 of 2025 and Accused No.2 vide order dated 09.10.2025 in Crl.P.No.10080 of 2025. The petitioner is also stands on the same footing as of the Accused Nos.2, 4 and 8. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 5. Learned Assistant Public Prosecutor vehemently opposed to grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he 4 may abscond, thereby hampering the ongoing investigation and evading the process of law. She finally prays for dismissal of the petition. 6. As seen from the record, the petitioner/Accused No.9 was allegedly indulged in possession of 184.00 Kgs of ganja. Although it is a commercial quantity, the petitioner has been languishing in the jail since 29.10.2025 onwards. A Coordinate Bench of this Court granted bail to Accused Nos.4 and 8 vide order dated 11.08.2025 in Crl.P.No.7333 of 2025 and Accused No.2 vide order dated 09.10.2025 in Crl.P.No.10080 of 2025. The petitioner also stands on the same footing as of the Accused Nos.2, 4 and 8. 6. Considering the submissions and upon keen perusal of the material placed on record and the period of detention undergone by the petitioner/Accused No.9 in judicial custody, the nature and gravity of allegations levelled against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions; i. The petitioner/accused No.9 shall execute personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each, to the satisfaction of the learned III Additional Chief Judicial Magistrate at Gajuwaka, Visakhapatnam. ii. The petitioner/accused No.9 shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any. 5 iii. The petitioner/accused No.9 shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness. iv. The petitioner/accused No.9 shall appear before the Station House Officer, concerned, once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m. till further orders. v. The petitioner/accused No.9 shall not commit or indulge in commission of any offence in future. vi. The petitioner/accused No.9 shall surrender his passport, if any, to the concerned Court. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the concerned Court. 7. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail. 8. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed as opinion on the merits of the Crime. 9. Accordingly, this Criminal Petition is allowed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.05.2026. UPS 6 31 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3649 OF 2026 Dt.05.05.2026 UPS